56178 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification 

The following parties have filed 

petitions to modify the application of 

existing safety standards under section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and 30 CFR part 44. 

1. Orchard Coal Company 

[Docket No. M–2006–033–C] 

Orchard Coal Company, 214 Vaux 

Road, Tremont, Pennsylvania 17981 has 

filed a petition to modify the 

application of 30 CFR 75.381(c)(5) 

(Escapeways; anthracite mines) to its 

Orchard Slope Mine (MSHA I.D. No. 

36–08346) located in Schuylkill County, 

Pennsylvania. The petitioner requests a 

modification of the existing standard to 

eliminate the requirement to use a 

continuous directional lifeline at the 

Orchard Slope Mine. The petitioner 

states that: (1) The pitching seams in the 

anthracite coal mines are inherently 

directional; (2) the entries are either 

driven horizontal in one direction or 

vertical with the pitching geology; (3) 

when entering the mine if the mine roof 

is on your right side, it is basic 

knowledge to know that when leaving 

the mine, the mine roof is on your left 

side; and (4) even if vision is impaired, 

it is impossible to lose your sense of 

direction, simply by the location of the 

roof and rib. The petitioner asserts that 

application of the existing standard 

would cause a diminution of safety to 

the miners because to stretch any type 

of line across the opening of a vertical 

entry could result in a tripping hazard 

with a fall potential in excess of 30 to 

60 feet. 

2. R S & W Coal Company 

[Docket No. M–2006–034–C] 

R S & W Coal Company, 207 Creek 

Road, Klingerstown, Pennsylvania 

17941 has filed a petition to modify the 

application of 30 CFR 75.381(c)(5) 

(Escapeways; anthracite Mines) to its R 

S & W Slope Mine (MSHA I.D. No. 36–

01818) located in Schuylkill County, 

Pennsylvania. The petitioner requests a 

modification of the existing standard to 

eliminate the requirement to use a 

continuous directional lifeline at the R 

S & W Slope Mine. The petitioner states 

that: (1) The pitching seams in the 

anthracite coal mines are inherently 

directional; (2) the entries are either 

driven horizontal in one direction or 

vertical with the pitching geology; (3) 

when entering the mine if the mine roof 

is on your right side, it is basic 

knowledge to know that when leaving 

the mine, the mine roof is on your left 

side; and (4) even if vision is impaired, 

it is impossible to lose your sense of 

direction, simply by the location of the 

roof and rib. The petitioner asserts that 

application of the existing standard 

would cause a diminution of safety to 

the miners because to stretch any type 

of line across the opening of a vertical 

entry could result in a tripping hazard 

with a fall potential in excess of 30 to 

60 feet. 

3. R & D Coal Company 

[Docket No. M–2006–035-C] 

R & D Coal Company, 214 Vaux Road, 

Tremont, Pennsylvania 17981 has filed 

a petition to modify the application of 

30 CFR 75.1714–2(c) (Self-rescue 

devices; use and location requirements) 

to its R & D Slope Mine (MSHA I.D. No. 

36–02053) located in Schuylkill County, 

Pennsylvania. The petitioner requests a 

modification of the existing standard to 

permit self-contained self-rescue (SCSR) 

devices to be stored within 200 feet of 

the working face which is less than 1 

minute travel time. The petitioner states 

that in steeply pitching, conventional 

anthracite mines, entries are advanced 

as far as 200 feet vertically, which 

exposes the miner to trip and fall 

hazards and the necessity of carrying 

supplies up narrow entries while 

wearing the SCSRs may result in 

damage to the SCSR and also may result 

in a diminution of safety to the miner. 

4. R & D Coal Company, Inc. 

[Docket No. M–2006–036–C] 

R & D Coal Company, 214 Vaux Road, 

Tremont, Pennsylvania 17981 has filed 

a petition to modify the application of 

30 CFR 75.381(c)(5) (Escapeways; 

anthracite mines) to its R & D Slope 

Mine (MSHA I.D. No. 36–02053) located 

in Schuylkill County, Pennsylvania. The 

petitioner requests a modification of the 

existing standard to eliminate the 

requirement to use a continuous 

directional lifeline at the R & D Slope 

Mine. The petitioner states that: (1) The 

pitching seams in the anthracite coal 

mines are inherently directional; (2) the 

entries are either driven horizontal in 

one direction or vertical with the 

pitching geology; (3) when entering the 

mine if the mine roof is on your right 

side, it is basic knowledge to know that 

when leaving the mine, the mine roof is 

on your left side; and (4) even if vision 

is impaired, it is impossible to lose your 

sense of direction, simply by the 

location of the roof and rib. The 

petitioner asserts that application of the 

existing standard would cause a 

diminution of safety to the miners 

because to stretch any type of line 

across the opening of a vertical entry 

could result in a tripping hazard with a 

fall potential in excess of 30 to 60 feet. 

5. Ohio County Coal Company 

[Docket No. M–2006–037–C] 

Ohio County Coal Company, 19050 

Highway 1078 South, Henderson, 

Kentucky 42420 has filed a petition to 

modify the application of 30 CFR 

75.1101–1(b) (Deluge-type water spray 

systems) to its Freedom Mine (MSHA 

I.D. No. 15–17587) located in Henderson 

County, Kentucky. In lieu of providing 

nozzles with blow-off dust covers, the 

petitioner proposes to: (1) Conduct a 

weekly visual examination of each 

deluge-type water spray fire suppression 

system; (2) conduct a weekly functional 

test of the deluge-type water spray fire 

suppression systems by actuating the 

system and observing its performance; 

and (3) record the results of the 

examination and functional test in a 

book maintained on the surface and 

made available to authorized 

representatives of the Secretary and 

retained at the mine for one year by a 

person trained in the testing procedures 

specific to the deluge-type water spray 

fire suppression systems at each belt 

drive. The petitioner states that if any 

malfunction or clogged nozzle is 

detected, corrections will be made 

immediately, and the procedures used 

to perform the functional test will be 

posted at or near each belt drive that 

uses a deluge-type water spray fire 

suppression system. The petitioner 

asserts that the proposed alternative 

method would provide at least the same 

measure of protection as the existing 

standard. 

6. S & M Coal Company 

[Docket No. M–2006–038–C] 

S & M Coal Company, 1744 E. Grand 

Avenue, Tower City, Pennsylvania 

17980 has filed a petition to modify the 

application of 30 CFR 75.381(c)(5) 

(Escapeways; anthracite mines) to its S 

& M Slope Mine (MSHA I.D. No. 36–

02022) located in Dauphin County, 

Pennsylvania. The petitioner requests a 

modification of the existing standard to 

eliminate the requirement to use the 

continuous directional lifeline at the S 

& M Slope Mine. The petitioner states 

that: (1) The pitching seams in the 

anthracite coal mines are inherently 

directional; (2) the entries are either 

driven horizontal in one direction or 

vertical with the pitching geology; (3) 

when entering the mine if the mine roof 

is on your right side, it is basic 

knowledge to know that when leaving 

the mine, the mine roof is on your left 

side; and (4) even if vision is impaired, 


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Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices 56179 

it is impossible to lose your sense of 

direction, simply by the location of the 

roof and rib. The petitioner asserts that 

application of the existing standard 

would cause a diminution of safety to 

the miners because to stretch any type 

of line across the opening of a vertical 

entry could result in a tripping hazard 

with a fall potential in excess of 30 to 

60 feet. 

7. S & M Coal Company 

[Docket No. M–2006–039–C] 

S & M Coal Company, 1744 E. Grand 

Avenue, Tower City, Pennsylvania 

17980 has filed a petition to modify the 

application of 30 CFR 75.1714–2(c) 

(Self-rescue devices; use and location 

requirements) to its S & M Slope Mine 

(MSHA I.D. No. 36–02022) located in 

Dauphin County, Pennsylvania. The 

petitioner requests a modification of the 

existing standard to permit selfcontained self-rescue (SCSR) devices to 

be stored within 200 feet of the working 

face. The petitioner states that in a steep 

pitch mine, the passageways are very 

thin and have a 3-foot ceiling clearance. 

The petitioner further states that the 

necessity of carrying supplies up narrow 

entries while wearing the SCSRs, may 

result in damage to the SCSR and also 

may result in a diminution of safety to 

the miner. 

8. Orchard Coal Company 

[Docket No. M–2006–041–C] 

Orchard Coal Company, 214 Vaux 

Road, Tremont, Pennsylvania 17981 has 

filed a petition to modify the 

application of 30 CFR 75.360 (Preshift 

examination at fixed intervals) to its 

Orchard Slope Mine (MSHA I.D. No. 

36–08346) located in Schuylkill County, 

Pennsylvania. The petitioner proposes 

to: (1) Conduct an examination and 

evaluation, including a visual 

examination of each seal for physical 

damage, from the slope gunboat during 

the pre-shift examination after an air 

quantity reading is taken just inby the 

intake portal; (2) take an additional air 

reading and gas test for methane and 

oxygen deficiency at the intake air split 

location(s) just off the slope in the 

gangway portion of the working section; 

and (3) have the examiner place the 

date, time and his/her initials at 

locations where air readings and gas test 

are taken, with the results properly 

recorded prior to anyone entering the 

mine. The petitioner states that 

regardless of conditions found at the 

section evaluation point, the slope will 

be traveled and physically examined for 

its entire length on a monthly basis with 

dates, times, and initials placed at 

sufficient locations throughout and 

results of the examination recorded on 

the surface, and any hazards will be 

corrected prior to transporting 

personnel in the slope. The petitioner 

asserts that the proposed alternative 

method would provide at least the same 

measure of protection as the existing 

standard for the following reasons: (1) 

Miners would have to climb around 

platform ladder obstructions increasing 

the risk of falling; (2) when a platform 

is not provided, a significant injury or 

fall exists when a miner gets in and out 

of the gunboat when conducting 

examinations; (3) accurate readings 

cannot be obtained with the gunboat 

blocking a major portion of the intake 

slope and platforms installed across the 

intake would almost totally restrict the 

mine’s only intake; (4) the intake slope 

is also the location for electrical 

conductors and discharge piping the 

pump system located in the sump area 

and since the intake haulage slope is the 

only intake for the mine, oxygen 

deficiency is highly unlikely; and (5) 

thorough examination of the intake 

haulage slope on a monthly basis will 

ensure the safety of miners traveling the 

intake escapeway and would minimize 

the fall hazard potential of miners 

conducting examinations. 

9. Drummond Company, Inc. 

[Docket No. M–2006–042–C] 

Drummond Company, Inc., P.O. Box 

10246, Birmingham, Alabama 35202 has 

filed a petition to modify the 

application of 30 CFR 75.507 (Power 

connection points) to its Shoal Creek 

Mine (MSHA I.D. No. 01–02901) located 

in Jefferson County, Alabama. The 

petitioner requests modification of the 

existing standard which pertains to ‘‘all 

power-connection points outby the last 

open crosscut shall be in intake air.’’

The petitioner proposes to use threephase, alternating current deep-well 

submersible pumps in boreholes or 

shafts in the Shoal Creek Mine. 

Petitioner states that the three-phase 

alternative significantly reduces the 

exposure of employees to travel in 

remote areas and significantly improves 

the de-watering process at the Shoal 

Creek Mine. Thus, the petitioner asserts 

that the proposed alternative method 

would provide at least the same 

measure of protection as the existing 

standard. 

10. Hanson Aggregates Pma, Inc. 

[Docket No. M–2006–003–M] 

Hanson Aggregates Pma Inc., 394 

Quarry Road, Latrobe, Pennsylvania 

15650 has filed a petition to modify the 

application of 30 CFR 57.4461 (Gasoline 

use restrictions underground) to its 

Whitney Plant (MSHA I.D. No. 36–

08284) located in Westmoreland 

County, Pennsylvania. The petitioner 

requests a modification of the existing 

standard to permit the use of gasolinepowered trucks to transport personnel 

into and out of the mine as an 

equivalent safe method of evacuating 

the mine in the event that certain 

passageways could not be used in an 

emergency. The petitioner proposes to 

provide an escape and evacuation plan 

that will: (1) Notify all underground 

personnel of an emergency by means of 

strobe light; (2) instruct all personnel to 

evacuate the mine in an emergency; and 

(3) instruct all mine personnel to follow 

the primary evacuation route, or follow 

the secondary escape route if the 

primary route is not passable. The 

petitioner states that if the mine portal 

is considered to be unsafe, the mine 

personnel will meet at the clock office. 

The petitioner further states that: (1) 

The proposed alternative method of 

compliance provides equivalent or 

superior safety to the application of the 

existing standard because it reduces the 

potential health risk; (2) the mine design 

that permits ready evacuation in under 

an hour from all points, even where 

some passageways may be bermed or 

barricaded off due to inactive status or 

because ground conditions may require 

remediation; and (3) application of the 

existing standard is infeasible and 

impractical at the Whitney Plant due to 

the historical use of gasoline-powered 

trucks to transport personnel into and 

out of the mine and the potential health 

risk from diesel particulate matter 

associated with diesel-powered trucks. 

Request for Comments 

Persons interested in these petitions 

are encouraged to submit comments via 

e-mail to Standards-Petitions@dol.gov. 

Include ‘‘petitions for modification’’ in 

the subject line of the e-mail. Comments 

can also be submitted by fax, regular 

mail, or hand-delivery. If faxing your 

comments, include ‘‘petitions for 

modification’’ on the subject line of the 

fax. Comments by regular mail or handdelivery should be submitted to the 

Mine Safety and Health Administration, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia 22209. 

If hand-delivered, you are required to 

stop by the 21st floor to check in with 

the receptionist. All comments must be 

postmarked or received by the Office of 

Standards, Regulations, and Variances 

on or before October 26, 2006. Copies of 

the petitions are available for inspection 

at that address. 


pwalker on PRODPC60 with NOTICES
56180 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices 

Dated at Arlington, Virginia this 19th day 

of September 2006. 

Ria Moore Benedict, 

Deputy Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. 06–8247 Filed 9–25–06; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification 

The following parties have filed 

petitions to modify the application of 

existing safety standards under section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and 30 CFR part 44. 

1. Excel Coal Company 

[Docket No. M–2006–057–C] 

Excel Coal Company, RD #2 Box 665, 

Shamokin, Pennsylvania 17872 has filed 

a petition to modify the application of 

30 CFR 75.1400 (Hoisting equipment; 

general) to its Three S. Slope Mine 

(MSHA I.D. No. 36–09309) located in 

Northumberland County, Pennsylvania. 

The petitioner proposes to use the slope 

(gunboat) to transport persons in shafts 

and slopes using an increased rope 

strength/safety factor and secondary 

safety rope connection instead of using 

safety catches or other no less effective 

devices. The petitioner asserts that the 

proposed alternative method would 

provide at least the same measure of 

protection as the existing standard. 

2. Excel Coal Company 

[Docket No. M–2005–058–C] 

Excel Coal Company, RD #2 Box 665, 

Shamokin, Pennsylvania 17872 has filed 

a petition to modify the application of 

30 CFR 75.1100–2(a)(2) (Quantity and 

location of firefighting equipment) to its 

Three S. Slope Mine (MSHA I.D. No. 

36–09309) located in Northumberland 

County, Pennsylvania. The petitioner 

proposes to use portable fire 

extinguishers only to replace existing 

requirements where rock dust, water 

cars, and other water storage equipped 

with three, 10 quart pails is not 

practical. The petitioner asserts that 

equivalent fire protection will be 

provided for the mine with two portable 

fire extinguishers near the slope bottom 

and an additional portable fire 

extinguisher within 500 feet of the 

working face and that the proposed 

alternative method would provide at 

least the same measure of protection as 

the existing standard. 

3. Excel Coal Company 

[Docket No. M–2006–059–C] 

Excel Coal Company, RD #2 Box 665, 

Shamokin, Pennsylvania 17872 has filed 

a petition to modify the application of 

30 CFR 75.1200(d) & (i) (Mine map) to 

its Three S. Slope Mine (MSHA I.D. No. 

36–09309) located in Northumberland 

County, Pennsylvania. The petitioner 

proposes to use cross-sections instead of 

contour lines through the intake slope at 

locations of rock tunnel connections 

between veins, and at 1,000 foot 

intervals of advance from the intake 

slope. In addition, the petitioner 

proposes to limit the required mapping 

of the mine workings above and below 

to those present within 100 feet of the 

vein being mined except when veins are 

interconnected to other veins beyond 

the 100-foot limit through rock tunnels. 

The petitioner states that due to the 

steep pitch encountered in mining 

anthracite coal veins, contours provide 

no useful information and their 

presence would make portions of the 

map illegible. The petitioner further 

states that use of cross-sections in lieu 

of contour lines has been practiced 

since the late 1800’s and provides 

critical information about the spacing 

between veins and proximity to other 

mine workings, which fluctuate 

considerably. Additionally, they state 

that the mine workings above and below 

are usually inactive and abandoned, and 

therefore, are not subject to changes 

during the life of the mine. Petitioner 

asserts that when evidence indicates 

that prior mining was conducted on a 

vein above or below and research 

exhausts the availability of mine 

mapping, the vein will be considered to 

be mined and flooded and appropriate 

precautions will be taken under 30 CFR 

75.388, when possible. Thus, when 

potential hazards exist and mine 

drilling capabilities limit penetration, 

petitioner will drill surface boreholes to 

intercept the mine workings and will 

analyze the results prior to mining in 

the affected area. The petitioner asserts 

that the proposed alternative method 

would provide at least the same 

measure of protection as the existing 

standard. 

4. Excel Coal Company 

[Docket No. M–2006–060–C] 

Excel Coal Company, RD #2 Box 665, 

Shamokin, Pennsylvania 17872 has filed 

a petition to modify the application of 

30 CFR 49.2(b) (Availability of mine 

rescue teams) to its Three S. Slope Mine 

(MSHA I.D. No. 36–09309) located in 

Northumberland County, Pennsylvania. 

The petitioner requests a modification 

of the existing standard to permit the 

reduction of two mine rescue teams 

with five members and one alternate 

each, to two mine rescue teams of three 

members with one alternate for either 

team. The petitioner states that the mine 

is small and an attempt to utilize five or 

more rescue team members in the 

mine’s confined working places would 

result in a diminution of safety to both 

the miners at the mine and the members 

of the rescue team. The petitioner 

asserts that the proposed alternative 

method would provide at least the same 

measure of protection as the existing 

standard. 

5. Big River Mining, LLC 

[Docket No. M–2006–061–C] 

Big River Mining, LLC, P.O. Box 186, 

New Haven, West Virginia 25626 has 

filed a petition to modify the 

application of 30 CFR 75.900 (Low- and 

medium-voltage circuits serving threephase alternating current equipment; 

circuit breakers) to its Broad Run Mine 

(MSHA I.D. No. 46–09136) located in 

Mason County, West Virginia. The 

petitioner proposes to use a contactor in 

certain locations in series with the 

circuit breaker. The petitioner states 

that: (1) The contactors are designed and 

rated for switching and will switch a 

great number of times more than a 

circuit breaker without failure and are 

more reliable than circuit breakers for 

switching when used within their 

rating; (2) many of the installations use 

a circuit breaker in series with a 

contactor, but Big River Mining would 

like to use the circuit breaker for short 

circuit; (3) the contactor may be 

equipped to provide undervoltage, 

grounded phase protection, overload 

protection, and other protective 

functions normally provided by the 

circuit breaker; and (4) the contactors 

would provide undervoltage, grounded 

phase, overload, and monitor the 

grounding conductors for low- and 

medium-voltage power circuits serving 

three-phase alternating current 

equipment using the following special 

terms and conditions: (a) The nominal 

voltage of the power circuits(s) will not 

exceed 995 volts; (b) the nominal 

voltage of the control circuit(s) and 

audible alarms units will not exceed 120 

volts; and (c) the contactor will be built 

into the same enclosure as the circuit 

breakers. Further details of the terms 

and conditions are listed in the petition 

for modification and are available upon 

request. The petitioner further states 

that the proposed alternative method 

would not be implemented until all 

qualified persons who perform work on 

the equipment and the circuits have 

received training in the safe 


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